October 18, 2023 | Hilary Grimes TOWN OF SUTTON Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 ZONING BOARD OF ADJUSTMENT Draft Meeting Minutes Wednesday, October 18, 2023, at 7:00 p.m. Call to Order: Chair Lick called the meeting to order at 7:00pm and noted that there was a quorum. He then took the roll. Roll Call: Derek Lick (Chair), Melissa Ballinger (Alternate), Betsy Forsham, Sam Gordon, Donna Catanzaro Absent: Marc Beauchemin (Alternate), Zachary Brock Melissa Ballinger was asked to sit in for Zachary Brock. Public Hearings: 1. Case ZBA 2023-12 – Variance Request for Michael and Tia Savage on Mastin Road, Map/Lot 05-353-440. Chair Lick said that Mr. Savage had come before the ZBA previously to get variance approval for a house, which had been approved. He would now like to add a deck and carport to the approved structure, both of which are within the 75’ wetland buffer. John Reed was present to represent the Savages. He illustrated, using a slide, the deck they wish to build. The deck is 8’ from the house and 64’ from the wetland buffer. On the other side of the property, the car port comes out 10’ from the house and puts them 60’ from the wetland buffer. The requirement for construction near a wetland buffer is 75’. They would not be building any foundations but would be using piers. The area has been marked out and Betsy Forsham said she went to look at the site. She said both streams, one perennial and one seasonal, on either side of the site, are down embankments and don’t have much water running through them. There was discussion about where the runoff and snow would move from the car port and the deck. Mr. Reed said the water would be running away from the wetlands but added that water will always try to make it towards a stream or other water body. There were explanations of French drains, a perimeter drain, and a swale that would be implemented to encourage the water to move away from the sensitive areas. The car port will have crushed stone underneath, not an impervious surface. The public was provided with time to ask questions. There were none. The public portion of the meeting was closed by Chair Lick. The Board was asked to provide comments. Betsy said she went to the site and found the streams do not appear to be easily impacted by the construction. She shared some photos she had taken of the site. She thinks the protective measures will be adequate. She had no objections. Sam thought it was a reasonable encroachment on the buffer given the nature of the property. Donna didn’t have any issues. Melissa thought the plan sounded good with the drains that were going to be put in. Chair Lick agreed with the group. He said his goal is to insure that there is some way of slowing down the water before it gets to the streams. The fact that they are making provisions to do this, is encouraging to him. Mr. Reed said that the area where the house is being built is flat and the area near the streams is untouched. The runoff will have to still go through that flat area before going into the streams. Chair Lick said that given where the streams are on the property and the vegetation and improvements suggested, the criteria are met for a variance. It was moved by Betsy Forsham and seconded by Melissa Ballinger to grant the variance requested as stated in the applicants’ worksheet. The motion was approved unanimously. Chair Lick reminded the applicants that within 30 days there could be an appeal of the Town’s decision. Should they choose to move forward with construction and have an overturn of the decision, they would be responsible for removing or reversing any work done. 2. Review of Minutes of 9/20/23 Betsy commented that the minutes were excellent and others agreed. Chair Lick noted a few corrections: Page 2, second full paragraph. “Counsels” should be “Councils.” Page 2, next paragraph. “the town’s” (apostrophe was missing). Betsy said on the third page, 4th full paragraph. “asked to cease and desist.” It was moved by Sam Gordon and seconded by Donna Catanzaro to approve the minutes of September 20, 2023, as amended. The motion was approved. Sam Gordon abstained from the vote as she was not at the meeting. The next meeting is planned for November 15th, 2023, at 7:00pm. It was moved by Donna Catanzaro and seconded by Melissa Ballinger to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 7:36pm. Respectfully submitted, Kristy Heath, Recording Secretary Town of Sutton